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Compassionate Leave Who Is Immediate Family

Compassionate leave — who is ‘immediate family’? 22/1/2010
The death of specified persons allows an employee to claim compassionate leave under Fair Work legislation, but it is sometimes unclear whether a particular death is covered by the legislation.
This question was recently sent to WorkplaceInfo.
Q We have received a claim from an employee for two days paid compassionate leave on the death of the employee’s previous de facto partner’s father.
It is our understanding the employee may only claim compassionate leave on the death of a member of the employee’s ‘immediate family’ or a member of the employee’s household, in accordance with the NES.
The deceased was not living in the employee’s household at the time of death.
The employee is of the view there is an entitlement to compassionate leave.
What relatives are covered under the definition of ‘immediate family’ for the purposes of an entitlement to compassionate leave under the NES?
A ‘Immediate family’ is defined in s12 of the Fair Work Act 2009 to mean a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or a child, parent, grandparent or sibling of a spouse or de facto partner of the employee.
However, also under s12 of the Fair Work Act, the definition of the term ‘de facto partner’ includes a former de facto partner. This means an employee is entitled to up to two days paid compassionate leave upon the death of a former de facto partner’s child, parent, grandparent or sibling.
In this case, the employee is entitled to paid compassionate leave because the deceased was the parent of the employee’s former de facto partner.
Article sourced from Workplaceinfo, A daily Bureau service for HR & IR professionals. For a free 14 day trial, contact us or click through on the free trial offer !
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